APPLICATION U/S 528 BNSS No. 11480 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11480 of 2026 Ramesh Chandra .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rajesh Dwivedi Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing of entire proceeding of Case no. 30511 of 2023 (State vs. Jagdish and others) arising out of Case Crime no. 129 of 2023, under sections 420, 406, 504 IPC, PS- Bilhaur, District Kanpur Nagar and set aside the cognizance order dated 24.11.2023 passed by learned Chief Judicial Magistrate, Kanpur Dehat and charge sheet dated 17.9.2023. 3. Learned counsel appearing on behalf of applicant has challenged the impugned charge sheet along with cognizance/summoning order and entire proceedings of the present case precisely on the ground that Sections 420 and 406 IPC cannot go together in the same breath as per the proposition of law settled by Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. and others vs. State of Uttar Pradesh and another report